1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less

Defendant

In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Defendant

A only stated in the statement of the grounds of appeal that “the Defendant committed the instant crime in the state of mental disorder or mental disability (the state of mental disorder or mental disorder)” but did not state specific reasons therefor. Thus, this does not constitute a legitimate ground of appeal.

2. As to the grounds of appeal by Defendant B, the lower court upheld the first instance judgment convicting Defendant B of the instant facts charged on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse.

The argument that the court below erred in violation of Article 51 of the Criminal Act due to incomplete deliberation on the grounds for sentencing constitutes an allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a more minor sentence is imposed on B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.